Legal Opinion

Wagner v. Portland

Oregon Supreme Court

Decided January 20, 1902Published

From. Multnomah: Alfred F. Sears, Jr., Judge. Action by Henry M. Wagner against tbe City of Portland. From a judgment in favor of tbe plaintiff, tbe defendant appeals. A motion to dismiss tbe appeal was overruled, and the ease was beard on its merits.

1Opinion

On the Merits.

2Opinion of the CourtJustice Wolverton

A board consisting of three commissioners appointed by the mayor is given by the charter of the City of Portland full, complete, and exclusive power and authority on behalf of the city to perform all executive functions thereof in the organization, management, and control of its fire department, and all powers and duties incident thereto: Laws 1898, p. 132, § 87. In pursuance of this authority, such board had under its control and management a system of fire alarm wires; being the property of the city, and used for communicating alarms of fire occurring therein. E. G-. Paddock,…

3Cases cited25 opinions

  1. Fitzgerald v. Connecticut River Paper Co.Massachusetts Supreme Judicial Court · 1891
  2. Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
  3. McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
  4. Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
  5. Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885

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